James Leads Suit vs. HHS on Gender-Affirming Care

New York – In a bold stand against federal overreach, New York Attorney General Letitia James has led a coalition of 18 states and the District of Columbia in filing a lawsuit to counter a contentious declaration by the U.S. Health and Human Services (HHS) Secretary Robert F. Kennedy Jr.

This declaration, deemed unlawful and unprecedented, claims that certain forms of gender-affirming care are “unsafe and ineffective,” threatening doctors, hospitals, and clinics with exclusion from federal Medicare and Medicaid programs for providing such care to young people. James argues that this is a brazen attempt by the federal government to dictate medical standards and intimidate providers.

“At the core of this declaration are real people: youth in need of care, parents trying to support their children, and doctors committed to evidence-based medicine,” stated Attorney General James. “No one should lose access to medically necessary health care due to federal interference.”

HHS unveiled its multipronged effort on December 18th, including the declaration and two proposed rules aimed at excluding gender-affirming care providers from Medicare and Medicaid. These proposals have not yet taken effect, with a public comment period ending February 17, 2026.

The coalition argues that HHS is circumventing legal requirements for policy changes by issuing the declaration without consulting doctors, patients, or states. States have traditionally been responsible for regulating medical practice, and this declaration oversteps federal authority. The lawsuit seeks to set aside the unlawful declaration and protect the rights of transgender youth and their families.

The coalition warns of immediate and widespread consequences should HHS proceed with its unlawful actions, creating fear and uncertainty among patients and healthcare providers alike.